[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48336-48337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19800]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On August 6, 2015, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Southern
District of West Virginia in the lawsuit entitled United States, et al.
v. Arch Coal, Inc., et al., Civil Action No. 2:15-cv-11838.
The proposed Consent Decree will resolve Clean Water Act and
associated state claims alleged in this action by the United States,
the State of West Virginia, the Commonwealth of Virginia, and the
Pennsylvania Department of Environmental Protection against Arch Coal,
Inc. and 14 of its
[[Page 48337]]
subsidiaries \1\ for the discharge of pollutants into state waters and
waters of the United States in violation of limits in National
Pollutant Discharge Elimination System (``NPDES'') permits. Under the
proposed Consent Decree, Defendants will perform injunctive relief
including: (1) Implementation of a compliance management system and
periodic internal and third-party environmental compliance auditing;
(2) data tracking and evaluation measures, including a centralized
audit and violations database to track information relevant to
compliance efforts at each outfall; and (3) response measures for
effluent limit violations, including consultation with a third-party
expert and automatic stipulated penalties. In addition, Defendants will
pay a total civil penalty of $2 million.
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\1\ Hawthorne Coal Co., Inc.; ICG Beckley, LLC; ICG East
Kentucky, LLC; ICG Eastern, LLC; ICG Knott County, LLC; ICG Tygart
Valley, LLC; Juliana Mining Company, Inc.; King Knob Coal Co., Inc.;
Patriot Mining Company, Inc.; Powell Mountain Energy, LLC; The
Sycamore Group, LLC; Vindex Energy Corp.; White Wolf Energy, Inc.;
and Wolf Run Mining Co.
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The publication of this notice opens a period for public comment on
the proposed consent decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States, et al. v. Arch Coal, Inc., et al.,
D.J. Ref. No. 90-5-1-1-09476/3. All comments must be submitted no later
than thirty (30) days after the publication date of this notice.
Comments may be submitted either by email or by mail:
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To submit comments: Send them to:
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By e-mail................................. [email protected].
By mail................................... Assistant Attorney General,
U.S. DOJ-ENRD, P.O. Box
7611, Washington, DC 20044-
7611.
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During the public comment period, the proposed consent decree may
be examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the proposed consent decree upon written request and payment of
reproduction costs. Please mail your request and payment to:
Consent Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC
20044-7611.
Please enclose a check or money order for $18.25 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the exhibits and signature pages, the cost is $15.00.
Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2015-19800 Filed 8-11-15; 8:45 am]
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